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Shri Kulbhushan JaIn Vs. the New India Assurance Company Ltd., Nashik City Branch, Amarsmruti, Nashik - Court Judgment

SooperKanoon Citation

Court

Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Decided On

Case Number

First Appeal No.1315 of 1999 (In Consumer Complaint No.59 of 1996)

Judge

Appellant

Shri Kulbhushan Jain

Respondent

The New India Assurance Company Ltd., Nashik City Branch, Amarsmruti, Nashik

Advocates:

Shri. M.G. Barve, Advocate for Appellant. Shri. A.F. Pipada, Advocate for Respondent.

Excerpt:


..... 3) we heard shri.m.g.barve,advocate for appellant and shri.a.f.pipada, advocate for respondent. perused the record. 4) the factual situation in the instant case is not in dispute. basic question is whether liability which arise on account of loss of goods of petroleum products like petrol and diesel and which the complainant had, as a courier, paid or reimbursed to m/s.vinod transport company who had paid it to bharat petroleum corpn. ltd. company, is covered under legal liability of the complainant under the carriers act, 1865? 5) forum below without any evidence and ignoring undisputed facts and further wrongly appreciating the material on record, observed that complainant failed to prove beyond doubt as to how the opposite party was liable for giving compensation. other unfortunate observation made by forum below to the effect that the driver of the said vehicle was not holding valid and effective driving license. in fact competence of the driver to drive was not the issue at all before the forum below. 6) it is important to take into consideration a report of surveyor mr.r.v.dixit dated 20/10/1995. the description of the loss is given as.....

Judgment:


Per Shri S.R. Khanzode, Honble Presiding Judicial Member

1) This appeal arises out of order/award dated 07/06/1999 passed in Consumer complaint No.59/1996 Shri Kulbhushan Jain V/s. The New India Assurance Co.Ltd.by District Consumer Dispute Redressal Forum, Nashik (‘Forum below in short).

2) Appellant/Org.Complainant got the insurance cover under the policy issued by Respondent/Org.Opposite Party for ‘carriers legal liability insurance coverage. When said insurance cover was alive, tanker carried petrol and diesel bearing Reg.No.MWN 2128 belonging to Appellant/Org.Complainant met with an accident on 13/10/1995. At that time the said tanker contained 6000 liters of petrol and 6000 liter of diesel of Bharat Petroleum Ltd. In result of which there was loss of diesel and petrol worth Rs.1,63,157/-. Insurance claim made accordingly for the same. Respondent /Org.Opposite Party i.e. insurance company repudiate the claim as per its letter dated 30/11/1995 stating that the claim is made as per the contractual liability between the Complainant and third party i.e. M/s Vinod Transport Co. and therefore, is not cover under the insurance policy in question which covers only legal liability arising under the Carriers Act, 1865. Feeling aggrieved thereby, this consumer complaint was filed, which stood dismissed as per impugned order/award and feeling aggrieved thereby this appeal is preferred by Appellant/Org.Complainant.

3) We heard Shri.M.G.Barve,Advocate for appellant and Shri.A.F.Pipada, Advocate for Respondent. Perused the record.

4) The factual situation in the instant case is not in dispute. Basic question is whether liability which arise on account of loss of goods of petroleum products like petrol and diesel and which the complainant had, as a courier, paid or reimbursed to M/s.Vinod Transport Company who had paid it to Bharat Petroleum Corpn. Ltd. Company, is covered under legal liability of the Complainant under the Carriers Act, 1865?

5) Forum below without any evidence and ignoring undisputed facts and further wrongly appreciating the material on record, observed that Complainant failed to prove beyond doubt as to how the Opposite Party was liable for giving compensation. Other unfortunate observation made by Forum below to the effect that the driver of the said vehicle was not holding valid and effective driving license. In fact competence of the driver to drive was not the issue at all before the Forum below.

6) It is important to take into consideration a report of surveyor Mr.R.V.Dixit dated 20/10/1995. The description of the loss is given as “Leakage of petrol and diesel due to overturning of the tanker accidently.” By doing actual measurement, the loss of diesel of 5460 ltrs. and petrol 5497 ltrs. was ascertained and accordingly, applying their standard method to assess loss it was assessed at Rs.1,57,186.44 paisa. It is also clearly observed by the surveyor that the loss was caused to goods carried for which Insured as carrier is liable under the Carriers Act and since the Insured is liable under the Carriers Act, it was his legal liability under the said Act. We find justification in those observations and we fail to understand as why ignoring this surveyors report, the insurance company had taken an unfortunate decision to repudiate the claim. Though the Complainant had reimbursed to M/s.Vinod Transport Company, it does not mean that the original legal liability under the insurance policy did not at all arise. Such liability arise on the point of loss of goods. The goods were carried under the supervision of M/s.Vinod Transport Company. In the instance case ultimate owner of the good which were lost, is Bharat Petroleum Corpn.Ltd.

7) For the reason stated above, we hold accordingly and pass the following order :

Order:

1) Appeal allowed with cost of Rs.2,000/-.

2) impugned order/award dated 07/06/1999 is set aside.

3) Respondent/Org.Opposite Party shall pay Rs.1,47,186.44 paisa to Appellant/Org.Complainant – Shri Kulbhushan Jain along with interest @ 6 % p.a. with effect from the date of repudiation i.e.30/11/1995.

4) Copies of the order be furnished to the parties.




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